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re: I got pulled over this morning (OT Lawyers mount up)

Posted on 1/20/17 at 10:12 am to
Posted by mattloc
Alabama
Member since Sep 2012
4315 posts
Posted on 1/20/17 at 10:12 am to
quote:

He said to me that I ran the red light because of use of cell phone.



Plead guilty to running a red light...you cannot be charged with an additional crime resulting from the same behavior.... Since that would be two punishments for the same act.
Posted by whoisnickdoobs
Lafayette
Member since Apr 2012
9352 posts
Posted on 1/20/17 at 10:17 am to
Man up and pay your tickets. You were you-tubing and driving and running red lights. You were in the wrong. Doesn't matter if it was texting, you-tubing, watching porn, or whatever other way you want to try and spin it.
Posted by Count Chocula
Tier 5 and proud
Member since Feb 2009
63908 posts
Posted on 1/20/17 at 10:17 am to
Fake news....

Are you African American? If so, this explains why you were stopped in the first place.
Posted by jefforize
Member since Feb 2008
44123 posts
Posted on 1/20/17 at 10:25 am to
You are plowing through red lights while looking at your phone? And think you have a case?

Yikes! You need help
Posted by Jim Rockford
Member since May 2011
98320 posts
Posted on 1/20/17 at 10:31 am to
You were watching porn, weren't you?
Posted by Royal
God's Country
Member since Apr 2009
1004 posts
Posted on 1/20/17 at 10:32 am to
You are stupid.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34517 posts
Posted on 1/20/17 at 10:37 am to
quote:

I wasn't harming anyone.


You don't know that... you didn't, but it's possible that you could have

I've never said I didn't break any laws but I do understand that if I do and I'm caught I will have to pay the consequences, and not try to fight it like an entitled little baby






quote:

You are plowing through red lights while looking at your phone? And think you have a case?


Yep, pretty much this.. he did come up with a good story/excuse though that gave him plausible deniability though
This post was edited on 1/20/17 at 10:40 am
Posted by Napoleon
Kenna
Member since Dec 2007
69189 posts
Posted on 1/20/17 at 11:06 am to
firstly, never admit to doing anything on your phone except GPS related uses. The law banning phone use while driving has stipulations that allow GPS use.

You can never admit the fault.

You blatantly ran a red light though, that's bad. A lawyer may get it all down to a non moving though.

quote:

§300.5. Use of certain wireless telecommunications devices for text messaging and social networking prohibited
A.(1) Except as provided in Subsection B of this Section, no person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication. For purposes of this Section, a person shall not be deemed to be writing, reading, or sending a text message if the person reads, selects, or enters a telephone number or name in a wireless telecommunications device for the purpose of making a telephone call.
(2) No person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to access, read, or post to a social networking site.
(3)(a) "Wireless telecommunications device" means a cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input. A "wireless telecommunications device" shall not include any device or component that is permanently affixed to a motor vehicle. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, two-way radio transmitters or receivers used by licensees of the Federal Communication Commission in the Amateur Radio Service, or electronic communication devices with a push-to-talk function.
(b) "Write, send, or read a text-based communication" means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, instant message, or electronic mail.
(c) "Access, read, or post to a social networking site" means using a wireless telecommunications device to access, read, or post on such device to any web-based service that allows individuals to construct a profile within a bounded system, articulate a list of other users with whom they share a connection, and communicate with other members of the site.
B. The provisions of Paragraph (A)(1) of this Section shall not apply to the following:
(1) Any law enforcement officer, firefighter, or operator of an authorized emergency vehicle while engaged in the actual performance of his official duties.
(2) An operator of a moving motor vehicle using a wireless telecommunications device to:
(a) Report illegal activity.
(b) Summon medical or other emergency help.
(c) Prevent injury to a person or property.
(d) Relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.
(e) Navigate using a global positioning system.
(3) A physician or other health care provider using a wireless telecommunications device to communicate with a hospital, health clinic or the office of the physician, or to otherwise provide for the health care of an individual or medical emergency through a text-based communication.
C.(1) The first violation of the provisions of this Section shall be punishable by a fine of not more than five hundred dollars.
(2) Each subsequent violation shall be punishable by a fine of not more than one thousand dollars.
(3) If the person is involved in a crash at the time of violation, then the fine shall be equal to double the amount of the standard fine imposed in this Subsection and the law enforcement officer investigating the crash shall indicate on the written accident form that the person was using a wireless telecommunications device at the time of the crash.
(4) Any violation of this Section shall constitute a moving violation.
Acts 2008, No. 665, §1, eff. July 1, 2008; Acts 2010, No. 203, §1; Acts 2013, No. 62, §1; Acts 2016, No. 472, §2, eff. June 13, 2016.

This post was edited on 1/20/17 at 11:08 am
Posted by boutgrfanrx
Woodstock,GA
Member since Dec 2012
282 posts
Posted on 1/20/17 at 11:26 am to
Just moved from Atlanta good luck with those people. Keep in mind if you cant get it reduced or thrown out I believe there a statute allowing a one time pardon from your driving record that can be used every 5 years. Just have to have the document signed by the judge and the DA allow it. It's generally easy to do, most DA/judges don't even know it's a thing you can do. Helped me out big time on big speeding ticket a few months back.
Posted by CorkSoaker
Member since Oct 2008
9784 posts
Posted on 1/20/17 at 11:27 am to
Don't try to get a lawyer. Defend yourself. However, you will likely lose the case, as you appear to be a moron.
Posted by SouthMSReb
Member since Dec 2013
4424 posts
Posted on 1/20/17 at 12:37 pm to
quote:

Don't try to get a lawyer. Defend yourself. However, you will likely lose the case, as you appear to be a moron.
quote:

Don't try to get a lawyer. Defend yourself. However, you will likely lose the case, as you appear to be a moron.


When it comes to law... yes. I'm an absolute moron. That's why I'm consulting the OT.

Basically, I'm just wondering if there IS a way to get out of it since the officer has no proof. Also, he was out walking by his car. He wasn't in his car gunning people. He literally yelled at me with his hands cupped around his mouth to pull over.

Like I said, I knew I was running the yellow/red light... I just dont think he could have seen me with my phone from his point of view.
Posted by Perrydawg
Middle Ga Area
Member since Jan 2014
4772 posts
Posted on 1/20/17 at 1:27 pm to
Sounds like if you hadn't been playing with you cell phone you might not have ran the light because you would have seen the officer across the street. While the phone might not have played a part in you running the light, it did play apart for you not doing dumb shite in front of a traffic enforcement officer.
Posted by IonaTiger
The Commonwealth Of Virginia
Member since Mar 2006
33053 posts
Posted on 1/20/17 at 2:11 pm to
I have no legal advice for you as I am not admitted to practice law in your state. But if I were the judge you would be found guilty on both charges.

Who do you think you are to disregard a traffic signal because you are late? Pay your fine. Get up earlier.
Posted by BayouBlitz
Member since Aug 2007
15844 posts
Posted on 1/20/17 at 2:31 pm to
quote:

I decided to run a red light so that I didn't have to sit through another cycle.


and then you backtrack to running a late yellow.

You ran a red light and you were fricking w your phone. Pay your fines.

Funny though, had you just sat through the light, you wouldn't have gotten tickets and you would have made it to work earlier. And people in the OT wouldn't be hammering you like the a-hole you are.

Posted by VABuckeye
Naples, FL
Member since Dec 2007
35591 posts
Posted on 1/20/17 at 3:07 pm to
You don't know what the officer saw or didn't. He clearly saw you use the phone and he clearly saw you run a red light. Man up.

I was pulled over in New Hampshire this fall for taking one picture of the fall foliage. I didn't know it's a handsfree state. When questioned I explained that Virginia is not handsfree but adjacent Maryland and D.C. are. I was polite and respectful and was let off with a warning as my facts checked out.

Always be respectful when pulled over. When you show even the slightest bit of attitude you've all but guaranteed that he's going to write any citations he can.
Posted by SamuelClemens
Earth
Member since Feb 2015
11727 posts
Posted on 1/20/17 at 3:24 pm to
He could have written you a wreck less driving ticket along with failure to obey traffic signal.

Was this city of Atlanta or Fulton Co? It's gonna cost you around $350.00
Posted by SamuelClemens
Earth
Member since Feb 2015
11727 posts
Posted on 1/20/17 at 3:26 pm to
While ATL light cycles are usually ~3 min, it's really not that long if you are already late.
Posted by Lee to Toliver
Member since Oct 2011
5840 posts
Posted on 1/20/17 at 3:31 pm to
you're going away for a long time, pal.
Posted by SamuelClemens
Earth
Member since Feb 2015
11727 posts
Posted on 1/20/17 at 3:34 pm to
quote:

Keep in mind if you cant get it reduced or thrown out I believe there a statute allowing a one time pardon from your driving record that can be used every 5 years.


True in ATL metro area. However, depending on the county. They don't track each other's 1st timers so if you get them in different counties you can use 1st timer each time.
This post was edited on 1/20/17 at 3:36 pm
Posted by terd ferguson
Darren Wilson Fan Club President
Member since Aug 2007
108780 posts
Posted on 1/20/17 at 3:36 pm to
quote:

He also said I was using my cell phone. While, technically, he was right, I wasn't texting or browsing. I was listening to music on youtube and was picking the next one.


Reminds me of the time I had to go to court in high school for a ticket. Some old black man was in front of the judge for beating up his wife.

Judge: "It says here that you struck your wife..."

Old black man: "No, sir. I did not strike my wife. I drop kicked my wife."

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